February 26, 2009

Cary Town Council Action Agenda

Thursday, February 26, 2009

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: www.townofcary.org

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided)

3. Adoption of agenda (Adopted)

B. CONSENT AGENDA

1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

a. Consideration of approval of the minutes of the regular town council meeting held on February 12, 2009, and the minutes of the February 10, 2009 work session regarding town operational issues and site design standards project. (Approved)

b. Consideration of approval of the February 2009 tax report. (Approved)

c. Consideration of accepting the informational report submitted by Mrs. Robison containing details about the intergovernmental meetings/events she has attended. (Received information; no action required)

d. Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on the following citizen-initiated annexation: (Approved)

(1) ANNEXATION PETITION 09-A-01
Property Owner(s): Lucy A. Rochelle and Estridge W. Hatley
Location: Southwest of Rochelle Road, Evans Road, and W. Dynasty Drive Intersection
Acreage: 11.30 plus .54 adjacent right of way = 11.84 total deeded acres
Zoning: Transitional Residential Conditional Use (TR-CU) and Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential Single-Family
Associated Case: 08-SP-068 (Rochelle Road Subdivision); 08-REZ-04 (Approved 7/24/2008)
Speaker: Mr. Wayne Nicholas

e. Consideration of authorizing the town manager or designee to sign grant applications and associated documents. (Approved)

f. Consideration of approving the agreement with the Wake County Board of Education that outlines their commitment to construct the required road improvements at Panther Creek High School. (Approved)

2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

N/A

3. Planning and Development Committee, February 19, 2009 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Portman)

a. Kildaire Farm Road Multi-Use Trail Project Condemnation Resolutions (EN09-055) (Approved)
Committee unanimously recommended approval of resolutions authorizing condemnation in order to secure necessary easements for the Kildaire Farm Road Multi-Use Trail Project.

b. MacGregor Center Square – Request to Make a Payment-in-Lieu of Road Improvements (EN09-060) (Approved)
Committee unanimously recommended approval of a payment-in-lieu of road improvements for the thoroughfare improvements along Lake Pine Drive in conjunction with the proposed MacGregor Center Square development.

c. Highcroft Village PDD – Request for Reimbursement Contract (EN09-061) (Approved)
Committee unanimously recommended approval of a reimbursement contract for Highcroft Village PDD for the extension of an off-site sanitary sewer line.

d. Timing of Sidewalk Construction for Subdivisions (EN09-064) (Approved)
Committee unanimously recommended approval of modifying the timing of sidewalks as mentioned in the Staff Report with the next round of LDO revisions, changing the specific language to read: “Sidewalks shall be installed along streets prior to 75 percent of the lots having obtained a building permit or certificate of occupancy...”

e. Citizen Participation Schedule for 2010-2014 Consolidated Housing and Community Development Plan and Community Development Block Grant FY10 Annual Action Plan (PL09-026) (Approved)
Committee unanimously recommended that the required public hearing for the FY 2010-2014 Consolidated Housing and Community Development Plan and FY 2010 Community Development Block Grant (CDBG) Annual Action Plan be scheduled for April 15, 2009.

f. Chatham County Stormwater Study (EN09-062) (Approved)
Committee unanimously recommended the scheduling of a joint work session between Chatham County Board of Commissioners and Cary Town Council to review the land use plan options.

g. TCAP Tower (EN09-063) (Approved)
Committee unanimously recommended that staff continue working with Sprint to determine the best building materials for this project and to keep council apprised of how it affects the overall costs.

h. Feasibility of Creating a “Preservation and Continuation of Traditional Small Town America Award” (PL09-028) (Approved)
Committee unanimously recommended approval of the creation of a citizen award to honor an individual that exemplifies the “Preservation and Continuation of Traditional Small Town America” and the appointment of a Council- or citizen-led committee to further implement the award program.

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Recognition of Wake Technical Community College Culinary Students who will visit Cary’s sister city, LeTouquet, France. (Recognized)

2. Recognition of the Citizens’ Assisting Police volunteers. (Recognized)

D. PUBLIC SPEAKS OUT (See official minutes)

E. PUBLIC HEARINGS

1. BUDGET PUBLIC HEARING (Conducted; no action required)
Subject: This public hearing, as part of the February 12, 2009, council meeting, provides an opportunity for the public to share their priorities for the Town of Cary’s Fiscal Year 2010 Annual Budget, which will identify services and infrastructure projects to be undertaken by the Town from July 1, 2009, through June 30, 2010. No council action is required. Budget public hearings on the proposed budget will be held at the May 28 and June 10, 2009.
Speaker: Mr. Scott Fogleman

2. LAND DEVELOPMENT ORDINANCE AMENDMENTS (ROUND 12) (Referred to 3/9/2009 planning and zoning board work session)
Subject: Modifications are proposed to the Land Development Ordinance (LDO) with regards to the items listed below. Specific chapters are listed and other related items and sections may also be considered for changes. All interested parties will have the opportunity to be heard at the meeting.
Recommended Council Action: Refer to a planning and zoning board work session
Speaker: Mr. Wayne Nicholas

LDO Section	Subject	Purpose of Amendment
Chapters 3, 4 & 5 Various Sections	Mixed Use District	To revise regulations and processes pertaining to mixed use development
Section 4.2	Corridor Transition District	To revise regulations pertaining to buffer walls
Section 6.1	Low Density Residential in Town Center	To revise dimensional requirements for infill development in established neighborhoods
Section 7.8	Parking on Residential Lots	To limit parking of multiple vehicles in the front yard of residential lots
Chapter 9 Various Sections	Signs	To revise various regulations pertaining to the size and design of signs
Section 8.1	Phasing Plans	To lower the minimum number of lots required in a single development phase
Section 10.2 Section 12.4	Nonconforming Sites	To clarify existing requirements for making certain improvements to nonconforming sites
9.11	Uniform Sign Plans	To introduce flexibility in Uniform Sign Plans when buildings meet specific architectural design standards

3. LAND USE PLAN AMENDMENT 09-CPA-01 (Referred to 3/9/2009 planning and zoning board work session)
Subject: Modifications are proposed to Chapters 6, 7, and 8 of the Town-wide Land Use Plan document, as well as to the Plan Map. All of the amendments are related to the Plan’s definitions and recommendations for mixed use Activity Centers. These changes are associated with amendments being proposed simultaneously to the Town’s Land Development Ordinance (LDO) for the Mixed Use Overlay District, as part of LDO Amendments – Round 12 (case PL09-019).
Recommended Council Action: Refer to a planning and zoning board work session (as part of the previous land development ordinance amendments)
Speaker: Mr. Jeff Ulma

4. Annexation Petition 09-A-02 (Approved)
Property Owner(s): Town of Cary
Location: 1580 Morrisville Carpenter Road
Acreage: 45.20 plus 4.90 adjacent right of way = 50.10 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Single-family residential (vacant) and agriculture
Proposed Use: Public, Neighborhood Park , and Agricultural Park
Associated Case: None
Recommended Council Action: Council may take action
Speaker: Mr. Wayne Nicholas

F. LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1. REZONING 08-REZ-14 Tryon Greens (Approved)
Location: 6750 Tryon Road
Current Zoning: Office and Institutional Conditional Use (OI-CU)
Request: Office and Institutional Conditional Use (OI-CU)
Acreage: Approximately 7.85
Speaker: Mrs. Debra Grannan
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: Voted 6-3 to recommend approval
Recommended Council Action: Council may take final action

G. COMMITTEE REPORTS (discussion items)

Planning and Development Committee, February 19, 2009 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Portman)

N/A

H. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

1. Consideration of a request sponsored by Mr. Portman and co-sponsored by Mrs. Robison to direct staff to identify options to address the following issues in the transportation adequate public facilities ordinance. Mr. Portman’s goal with this request is to find a more equitable way to pay for needed infrastructure and make the improvements before they are needed and not afterwards. Council may take one of two actions: (i) decide not to move forward with the request; or (ii) move forward with the request and direct staff to identify options to address the issues stated below. (Approved items (a) and (b) below and directed staff to look for best practices and determine if there are improvements that can be made to ordinances to be more equitable to ensure transportation costs are borne by those that consume it and to help the Town ensure infrastructure is in place before it is needed vs. after it is needed)

(a) Consider if there is a more equitable way that any and all development along a corridor pays its share.

(b) Consider seeking more approved traffic study providers to drive more competition into this required study.

(c) Consider transportation improvement zones that would charge all development in a zone for the needed infrastructure for that zone.

I. CLOSED SESSION (Called)

J. ADJOURNMENT (8:23 p.m.)

Please contact the Cary Town Clerk with any questions about this action agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.